from the six-seven-eight dept

Chanel is a company that does fashion and perfume. I know this because I can't walk into a department store without walking past a bunch of glass cases that smell like someone boiled six billion flowers in a pot and then threw it on me, leaving me only to walk past the purses and handbag sections and laugh at the prices for tiny, tiny little bags. Chanel does not sell chocolate, unless you count naming some of the afore-mentioned perfumes and handbags with vaguely chocolate-y names. I know this because I did a Google search to make sure, and those are infallible. And, yet, for some reason, Chanel has decided to play trademark-goalie on a two-person chocolate shop operating in Australia.

Global fashion house Chanel has forced a small Australian chocolate maker to change its branding after it claimed a trademark infringement on its No.5 perfume. A letter from Chanel's lawyers was the last thing that Chocolate @ No.5 owner Alison Peck expected when she set up her company. After all, her business is a "two-man show," named after its address – 5 Main Street Hahndorf, a village in the Adelaide Hills – and makes chocolate, not perfume or haute couture. Her company would have most likely gone unnoticed by the multinational fashion giant had it not applied for a trademark registration.

At which point Chanel's lawyers fired off a threat letter. A letter, I'll concede, perhaps not entirely without merit. Here is the original branding of Chocolate @ No. 5 alongside the branding of a Chanel bottle of perfume.

As you can see, the style of the wording is somewhat similar. I still think I could argue something along the lines of, "What the hell are you people talking about, we do chocolate and the actual name of our business is all over our label", but there is enough of a similarity that claims of confusion don't come off as stupendously silly. Except that Peck has already agreed to change her branding to this:

Problem solved, right? Wrong.

Chanel wanted Ms Peck to only use the digit or word 'five' while her business was located at it current address. "It was implied if I ever moved I would have to change the name. That was when I realised I was being bullied. They don't own the number five. In the future do we go to school and go 'one, two, three, four, trademark protected, six?' It's just crazy. Never mind that China is churning out [counterfeit] Chanel at a rate of knots. I was not trying to pass of my chocolates as being Chanel No.5. That's just silly because it's chocolate."

It sounds to me like the legal team at Chanel is sort of using the descriptive clauses in reverse, suggesting her logo is not infringing if it describes the company address, but if that address changes it suddenly becomes infringing because it's no longer descriptive. If that is indeed the argument they're making, it's a very silly one, because, again, chocolate. Add to that the idea that the number five is getting this much attention in the trademark realm and you can imagine the frustration of a small shop just trying to make a living.

And it's because of those same economic interests that Peck is backing down and simply re-branding.

"I was happy to withdraw my application and change my logo because there is nothing wrong with a bit of freshness to a product. Our product is still the same."

This appears to have placated Chanel, which Ms Peck said had backed down on its other demands. But the fashion titan is "monitoring" her business.

from the eat-it dept

Look, I probably don't have to tell you Techdirt readers this, but I'm a strange sort of cat. I could go into all the reasons why I'm odd, but whenever I try to explain to people how non-normal I am, I usually just reveal this little bit of truth: I hate chocolate. No, I don't not-love chocolate. Nor do I dislike chocolate. I fucking hate it, nearly as much as I hate how low I appeared on this ingenious bit of sleuthing a commenter did in determining which Techdirt writers swear the most (a list which I insist is fucking bullshit, by the way). That said, everyone else loves chocolate, of course, so I'm sure they and many others were thrilled to see so many well-respected publications blaring headlines recently about how chocolate can help reduce weight. I'd show you a bunch of links to those stories put forth by supposedly well-respected journalism outlets and scientific journals that make heavy claims about peer-reviews and fact-checking, but I can't because most of those stories have been pulled. Why?

Because the whole thing was a bullshit hoax put on by a journalist to make the point that, at least when it comes to studies around diet and health, the journals and the media the reports on their papers are largely full of crap. Go read that entire thing, because it's absolutely fascinating, but I'll happily give you the truncated version. John Bohannon, who has a Ph.D in molecular biology of bacteria and is also a journalist, conspired with a German reporter, Peter Onneken, to see how badly they could fool the media to create BS headlines. They did this by turning John Bohannon into Johannes Bohannon (obviously) and creating a website for The Institute of Diet and Health, which isn't actually a thing. Then they conducted a very real study with three groups: 1 group eating a low-carb diet, 1 group eating their regular diet, and 1 group eating a low-carb diet and a 1.5oz bar of dark chocolate daily. After running background on the groups, conducting blood tests to correct for disease and eating disorders, and hiring a German doctor and statistician to perform the study, away they went. The results?

Onneken then turned to his friend Alex Droste-Haars, a financial analyst, to crunch the numbers. One beer-fueled weekend later and... jackpot! Both of the treatment groups lost about 5 pounds over the course of the study, while the control group’s average body weight fluctuated up and down around zero. But the people on the low-carb diet plus chocolate? They lost weight 10 percent faster. Not only was that difference statistically significant, but the chocolate group had better cholesterol readings and higher scores on the well-being survey.

Bam, results! Not just results, but results the media would absolutely love to sink their idiotic teeth into. The problem? Well, the method for running the entire study was bullshit.

Here’s a dirty little science secret: If you measure a large number of things about a small number of people, you are almost guaranteed to get a “statistically significant” result. Our study included 18 different measurements—weight, cholesterol, sodium, blood protein levels, sleep quality, well-being, etc.—from 15 people. (One subject was dropped.) That study design is a recipe for false positives.

Think of the measurements as lottery tickets. Each one has a small chance of paying off in the form of a “significant” result that we can spin a story around and sell to the media. The more tickets you buy, the more likely you are to win. We didn’t know exactly what would pan out—the headline could have been that chocolate improves sleep or lowers blood pressure—but we knew our chances of getting at least one “statistically significant” result were pretty good.

Bohannon goes into some of the gory math, and it really is fun to read, but this is pretty easy to understand. With a small enough sample size and testing for as wide a range of results and factors as possible, you absolutely expect to find greater variance than if your study was testing for less factors or had a higher sample size. It's simple: people are different and testing less people makes those difference statistically appear to be more significant.

Anyway, the team then went to the International Archives of Medicine, which Bohannon identifies as a "fake journal" publisher. In other words, pay enough Euros and your "study" gets "published", all without the bothersome time-waster known as being peer-reviewed. Not that IAM doesn't claim to be reviewed. It certainly does make that claim, but after payment was accepted Bohannon found that their study had been accepted without change. And, keep in mind, this study is designed to be bad. So, once the study had been published, it was time for the PR machine to swing into action.

Take a look at the press release I cooked up. It has everything. In reporter lingo: a sexy lede, a clear nut graf, some punchy quotes, and a kicker. And there’s no need to even read the scientific paper because the key details are already boiled down. I took special care to keep it accurate. Rather than tricking journalists, the goal was to lure them with a completely typical press release about a research paper. (Of course, what’s missing is the number of subjects and the minuscule weight differences between the groups.) But a good press release isn’t enough. Reporters are also hungry for “art,” something pretty to show their readers. So Onneken and Löbl shot some promotional video clips and commissioned freelance artists to write an acoustic ballad and even a rap about chocolate and weight loss. (It turns out you can hire people on the internet to do nearly anything.)

Onneken wrote a German press release and reached out directly to German media outlets. The promise of an “exclusive” story is very tempting, even if it’s fake. Then he blasted the German press release out on wire service based in Austria, and the English one went out on NewsWire. There was no quality control. That was left to the reporters.

And it didn't take the reporters long to pick up this crap-on-a-stick and run with it like children after the ice cream truck. Not all of them, but some of the stories are still up. The Daily Star covered their paper, for instance, as did the Times of India, international editions of The Huffington Post, and some television news programs. Men's Health was going to go with a story in September, though that probably won't run now. Shape Magazine didn't get off so lucky, with their story appearing in the June issue, in print. And remember, this is all bullshit. None of it is real. How does something like this happen?

The answer is lazy "journalists."

When reporters contacted me at all, they asked perfunctory questions. “Why do you think chocolate accelerates weight loss? Do you have any advice for our readers?” Almost no one asked how many subjects we tested, and no one reported that number. Not a single reporter seems to have contacted an outside researcher. None are quoted. These publications, though many command large audiences, are not exactly paragons of journalistic virtue. So it’s not surprising that they would simply grab a bit of digital chum for the headline, harvest the pageviews, and move on. But even the supposedly rigorous outlets that picked the study up failed to spot the holes.

Now, there is some humor in all of this, but also danger. It's one thing to claim that chocolate leads to weight loss and have the media run wild with it, but we all know that fad diets and exciting health claims rain down on us in buckets, and I think it's safe to say that not all of them are as harmless as Bohannon's. The average person hasn't done much thinking about the validity of these studies that they read about in the media; they simply trust the media to do the fact-checking. The media, it appears, largely trusts the journals to do the reviews and fact-checking. Except some (many?) of those journals don't. The whole thing harkens back to one of the funnier moments in the Anchorman movie, when the main character makes a ludicrous claim about women's brains being smaller than men's, and then punctuates the statement with a smirk, saying, "It's science." As far as much of the media reporting goes, it might as well be "science."

Strangely, Bohannon notes that readers of the articles were apparently more skeptical than the authors.

There was one glint of hope in this tragicomedy. While the reporters just regurgitated our “findings,” many readers were thoughtful and skeptical. In the online comments, they posed questions that the reporters should have asked.

“Why are calories not counted on any of the individuals?” asked a reader on a bodybuilding forum. “The domain [for the Institute of Diet and Health web site] was registered at the beginning of March, and dozens of blogs and news magazines (see Google) spread this study without knowing what or who stands behind it,” said a reader beneath the story in Focus, one of Germany’s leading online magazines. Or as one prescient reader of the 4 April story in the Daily Express put it, “Every day is April Fool’s in nutrition.”

If we've reached a time when readers are more skeptical than the reporters, that's a massive problem for journalism, but perhaps a delightful sign for the spread of skepticism and inquiry amongst the public. Either way, look with a critical eye the next time you hear about that fad diet or health food claim.

from the urls-we-dig-up dept

Plenty of folks like chocolate, so it makes some sense to try to make chocolate ever so slightly more healthy (as long as the taste isn't horribly affected). If you're going to binge on chocolate in the near future, you might want to check out a few of these links to help rationalize your chocolate consumption.

from the urls-we-dig-up dept

Most folks like chocolate, but there are a few weirdos out there who don't. Sometimes, chocolate is used to mask the flavor of stuff that's good for you (like vitamins or minerals), but for the most part, chocolate lovers want to keep their chocolate free of adulterants. The supply of chocolate might have a hard time keeping up with the growing demand for it, so it could be difficult to preserve the exact same recipes for chocolate that we have now -- and there could be "vintage chocolates" on the market, sold like fine wines, someday. Here are just a few chocolate tidbits for the choco-philes/chocoholics out there.

from the sweet dept

There have been attempts in the past to apply intellectual property protection to specific foods and drinks. Champagne sparkling wine is one of the more well-known examples of this and its application has resulted in problems in the past. Not terribly long ago, Lebanon took permission culture to the extreme and claimed they owned food copyrights (which don't exist) on ethnic foods like falafel and hummus, going so far as to plan to sue Israel for selling those same kinds of foods. This seeking to lock up widely known terms is quite depressing, since it's so often only about profiting by way of removing competitors. So depressing, in fact, that it makes me want to have a piece of chocolate to help me feel better.

They want the term "Belgian chocolate" to be their exclusive preserve and also want to crack down on foreign rivals dressing up their products as "Belgian style" or of a "Belgian recipe".

Geographical indication is something of a European thing, mostly, and one which the United States has actually pushed back on. One of the conditions a term must meet in order to be granted a GI is that it cannot be in common use already. Given that this entire story is all coming about as a result of foreign companies producing Belgian chocolate to meet high demand throughout the world seems to negate the entire endeavor on its face. Even more hilarious are the comments coming from these Belgian chocolate producers, who claim this is some matter of principal rather than profit.

"What makes us sad is that very often the copies are not up to the standard of the originals," Jos Linkens, chief executive of Neuhaus, told Reuters in an interview. "If top chocolatiers around the world copied us, perhaps we would be happy. We don't want the image of quality to suffer."

Uh huh. First off, that simply isn't a believable statement, given how much of the Belgian chocolate business growth has occurred in markets like Asia, where suddenly there are more competitors popping up to meet rising demand. This seems like a clear attempt to limit that competition. Secondly, if the quality of the so-called imposters aren't up to snuff, then your chocolate should win out anyway. Thirdly, if this idea that one had to protect certain styles or kinds of food on the basis of their reputation, the entire nation of Italy should have fire-bombed every Pizza Hut in existence long ago. They haven't, because the truth is that if you want good pizza, you go to the people who know what they're doing.

And if you want Belgian chocolate, you go to whoever makes it the best.

from the urls-we-dig-up dept

In a few days, a lot of chocolate will be eaten by kids (and maybe their parents), and there will also be a lot of discounted candy and chocolate on sale in many grocery stores. Just so that we don't feel too bad about indulging on Halloween treats, here are a few studies that might ease our guilt for a while.

from the urls-we-dig-up dept

The technology for 3D printing is getting better and cheaper all the time, but some folks think the "killer app" for these printing machines is in food preparation. Food printers aren't quite like Star Trek replicators just yet -- nor is there a way to eliminate the scarcity of food. Still, it'll be pretty cool when most households own an oven, stove, microwave oven... and a 3D food printer.

from the urls-we-dig-up dept

The sense of taste is surprisingly complex. It's related to the sense of smell, but various foods also have combinations of textures and consistencies that make taste tests an interesting (and difficult to fully understand) field of study. There are "perfect Pepsi's" -- not just a single "good" taste that everyone can agree upon. Here are just some other tidbits on tasting.

from the urls-we-dig-up dept

You are what you eat, so they say. But it's not always so easy to figure out whether food is "good" or "bad" -- just look up the history of margarine. Still, everybody's gotta eat, so we might as well try to look for healthy stuff to ingest. Here are a few interesting tidbits to munch on.

from the urls-we-dig-up dept

Awesome food, like anything that takes time and talent to create, is often a rare find. So it's not surprising that there are obsessive folks out there who are always on the lookout for the best ingredients and methods for cooking great food. Here are just a few quick links for you foodies.